Abortion: Offences against the Person Act Debate
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Alison Thewliss
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Abortion: Offences against the Person Act
Alison Thewliss Excerpts(1 year, 6 months ago)
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Alison Thewliss (Glasgow Central) (SNP)
The Royal College of Obstetricians and Gynaecologists has stated its belief
“that prosecuting a woman for ending their pregnancy will never be in the public interest.”
Even though the Offences Against the Person Act 1861 is England and Wales legislation, constituents of mine, and I know of other MPs in Scotland, have been in touch concerned about this shocking case and the precedent that it sets in a worldwide context of erosion of women’s bodily autonomy. Abortion is a devolved matter and the SNP remains committed to protecting the legal right to essential healthcare, which is what abortion services are, safely and free from stigma. I hope to see more progress in Scotland on this area. I welcome that today sees the lodging of the final proposal for MSP Gillian Mackay’s private Member’s Bill on buffer zones in Scotland and I wish her all the best with that.
Is the Minister concerned that this judgment may create a chilling effect on women accessing healthcare services and, given the outrage that the judgment has caused, would he support decriminalisation to prevent this from ever happening again?
Edward Argar
The hon. Lady highlighted a number of points there. As she rightly highlighted, this matter is devolved in Scotland. I know the Holyrood Parliament will be considering it in due course and that is, of course, a matter for that Parliament.
On the hon. Lady’s comments about the public interest, that is one of the tests that the Criminal Prosecution Service applies in making a charging decision—whether there is sufficient evidence and whether it is in the public interest. It would be inappropriate for me as a Minister to second guess or comment on the decisions that it reaches in individual cases.
On the hon. Lady’s final two points, again, whether the law in this area should be changed is a matter for this House, not for the Government. This is a matter of conscience for Members of this House. This House is not shy about expressing its will, as we have seen on various matters, and I suspect that this may well be debated again.
In respect of the hon. Lady’s concerns about the impact the judgment may have, again, I will be cautious in not commenting on the judgment itself, save to say that I believe that, under all the provisions that impact in this space, there have been only two convictions in five years.